I was advised by a previous attorney that if I simply wrote a note stating thet I " refused to pay the debt " that would prohibit the agency/law firm from filing suit. Is this true ? and how would I word it?
Estate Planning Attorney
I do not believe that is the case. What happened to the attorney that gave you this advice? If this was correct, there would be lots of people writing notes to their creditors right now.
This response does not create an attorney client relationship nor should the advice be relied upon because it is not specific to your legal situation. Before you depend on legal advice, you should retain competent counsel.
Debt Collection Attorney
You question deals with section 1692c(c) of the FDCPA. If you notify a debt collector in writing that you refuse to pay the debt, then the debt collector cannot communicate with you further, except in three limited circumstances. Therefore, telling a collector that you refuse to pay will not prevent legal action. In fact, sometimes telling a collector that you refuse to pay, or sending a collector a cease and desist letter, will trigger a lawsuit.
Depending on the collection agency, the amount of the debt, and your financial situation, I may be able to give you further advice about resolving the debt. I have built relationships with credit card companies and collection agencies and can often times come to a settlement agreement quicker and at a more favorable rate than a debtor acting on their own.
Information on Avvo should not be construed as legal advice, as each case is different. For information about your specific case, please contact a consumer law attorney, or contact me at www.agrusslawfirm.com
I know of no general principle of law pursuant to which a written refusal to pay a debt could bar the creditor from the courts. It's just not so. Perhaps you have misremembered what the lawyer said to you.
Not legal advice, just my two cents. I don't practice law in Florida and don't hold Florida licensure. If you need legal advice, please consult a lawyer who does.